• Qui Tam
  • SEC
  • CFTC
  • FCPA
  • Whistleblower Resources
  • FAQS
Subscribe
Donate
No Result
View All Result
Whistleblower Network News
The Truth at Any Cost.
Qui Tam, Compliance and Anti-Corruption News.
SIGN THE PETITION FOR NATIONAL WHISTLEBLOWER DAY IN 2023
Whistleblower Network News
  • Qui Tam
  • SEC
  • CFTC
  • FCPA
  • Whistleblower Resources
  • FAQS
Subscribe
Donate
No Result
View All Result
Whistleblower Network News
No Result
View All Result
Home False Claims-Qui Tam

The FCA Does Not Need to be Amended in Order for Companies to Adopt Effective Rules for Internal Compliance

Stephen KohnbyStephen Kohn
January 8, 2015
in False Claims-Qui Tam, Features
Reading Time: 3 mins read
Share on TwitterShare on FacebookShare on LinkedInEmail

The Chamber of Commerce has commenced a well-financed and aggressive lobbying campaign to undermine America’s most effective whistleblower law, the False Claims Act. To justify its anti-whistleblower campaign the Chamber published a report entitled, “Fixing the False Claims Act: the Case For Compliance-Focused Reforms.” The purpose of this blog series is to combat the Chamber’s misinformation, and explain why the False Claims Act must be protected.

Whistleblowers and their supporters are strongly urged to read this blog series and share it with friends. In addition, an Action Alert has been issued by the National Whistleblower Center so members of the public inform their representatives that the False Claims Act should not be “reformed” as proposed by the Chamber.

Fact Number 9:

Support Whistleblower Network News

The Chamber’s report is predicated on a false and illogical dichotomy. The Chamber claimed that there was a need to weaken the FCA in order to strengthen corporate compliance. The opposite is true.

There is no need to weaken the FCA in order to have the business community implement effective fraud detection programs. There is no need to establish a government-sponsored agency to “accredit” compliance programs. Compliance professionals and fraud examiners have researched what it takes to implement effective compliance programs. These best practices are not a secret.

The Association of Certified Fraud Examiners created a highly respected “Fraud Prevention Checklist.” This checklist is based on input from the association’s 60,000 members. The ACFE checklist consists of eleven general categories of programs, including a total of 28 sub-categories.

Corporations can adopt these recommendations, without having government-sponsored accreditation and without destroying the False Claims Act.

In fact, any weakening of the FCA would be counterproductive and lessen the incentive for institutions to self-regulate.

Moreover, nothing in the Fraud Prevention checklist supports a finding that whistleblower protection laws should be weakened. Instead of gutting the highly effective FCA, the ACFE now looks at corporations that voluntarily pay whistleblower rewards as part of a comprehensive “Anti-Fraud Control.”Corporate trade associations, such as the Chamber of Commerce, should play a leading role in urging their members to implement the checklist.

Based on years of experience, the current weaknesses in corporate compliance programs have been well documented by leading professionals within the compliance community. For example, the RAND Center for Corporate Ethics and Governance published “Perspectives of Chief Ethics and Compliance Officers on the Detection and Prevention of Corporate Misdeeds: What the Policy Community Should Know.”

As part of this program, RAND published a paper by Donna Boehme, a highly respected compliance professional and the former Chief Compliance officer of two multinational corporations, including BP Oil. Ms. Boehme explained many problems experienced by compliance programs, why these programs fail, and what steps need to be taken in order to make compliance programs more effective.

The complex, costly, and ultimately absurd proposals put forward by the Chamber to create a best practices model is simply not needed. Compliance professionals and experts have already set forth the models needed for success. The Chamber has simply ignored this research.

 

* “Report to the Nations on Occupational Fraud and Abuse” Report by the Association of Certified Fraud Examiners. p.19 (2012).

Tags: 25 False Claims Act FactsCorporate WhistleblowersFalse Claims/Qui TamWhistleblower ProtectionsWhistleblower Rewards
Previous Post

December 2014 SEC Whistleblower Award List

Next Post

Oral Arguments in Key Supreme Court Whistleblower Case Scheduled for Tuesday

Stephen Kohn

Stephen Kohn

Next Post
Oral Arguments in Key Supreme Court Whistleblower Case Scheduled for Tuesday

Oral Arguments in Key Supreme Court Whistleblower Case Scheduled for Tuesday

Please login to join discussion

Receive Daily Alerts

Subscribe to receive daily breaking news and legislative developments sent to your inbox.

  • This field is for validation purposes and should be left unchanged.

Most Popular

Change the Culture, Make National Whistleblower Day Permanent

Tell President Biden to “Finish the Job” for Whistleblowers

Whistleblower Advocates See Parallels to Enron in Silicon Valley Bank Collapse

Whistleblower Jóhannes Stefánsson Plans to Testify at Fishrot Trial in Namibia

WNN Exclusive Interview with Social Security Whistleblowers Sarah Carver and Jennifer Griffith — Part 1

Whistleblower Raised Concerns of Rodents, Spiders in Kitchen of Childcare Facility, Then Fired; OSHA Rules They Were Retaliated Against

Whistleblower Poll

Whistleblower Poll
Whistleblower Poll

Exclusive Marist Poll: Overwhelming Public Support Among Likely Voters For Increased Whistleblower Protections

byGeoff Schweller
October 6, 2020

ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT

STAY INFORMED.
Subscribe to receive breaking whistleblower updates.

  • This field is for validation purposes and should be left unchanged.

About Us

  • About
  • Contact Us
  • Donate
  • Careers

Subscribe

  • Daily Mail
  • Follow us on Twitter
  • YouTube Channel

Contribute

  • Letter to the Editor
  • Submission Guidelines
  • Reprint Guidelines

Your Experience

  • Accessibility Statement
  • Privacy Policy
  • Terms of Use

Help

  • The Whistleblowers Handbook
  • Frequently Asked Questions
  • Advertise
Whistleblower Network News

Whistleblower Network News is an independent online newspaper providing our readers with up-to-date information on whistleblowing. Our goal is to be the best source of information on important qui tam, anti-corruption, compliance, and whistleblower law developments. 

Submit an Article

Copyright © 2021, Whistleblower Network News. All Rights Reserved.

This Newspaper/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this website, you understand that there is no attorney-client relationship between you and the Newspaper/Web Site publisher. The Newspaper/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

SIGN THE PETITION FOR NATIONAL WHISTLEBLOWER DAY IN 2023
No Result
View All Result
  • Exclusives
  • Government
    • False Claims-Qui Tam
    • Federal Employees
    • Intelligence
  • Corporate
    • CFTC & Commodities
    • Dodd-Frank
    • IRS & Tax
    • SEC & Securities
  • Features
  • Legislation
  • International
    • Foreign Corruption
  • Rewards
  • Whistleblower of the Week
  • Environment & Climate
  • Opinion
  • Editorial
  • Employment
    • Sarbanes-Oxley Whistleblowers
    • Retaliation
    • OSHA
  • Media
    • Podcasts
    • Videos
    • Webinars
    • National Whistleblower Day
  • Whistleblower Poll
  • Whistleblower Resources
    • Frequently Asked Questions
    • Resources for Locating An Attorney
    • The New Whistleblowers Handbook
  • National Whistleblower Day ’23

Copyright © 2020, Whistleblower Network News. All Rights Reserved.

Become a Whistleblower Network News Subscriber

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Subscribe to WNN

Retrieve your password

Please enter your username or email address to reset your password.

Subscribe to WNN

Add New Playlist

Go to mobile version